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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9146593Fort Collins Date: 11/12/2014 PURCHASE ORDER Vendor: 126722 WIRELESS ADVANCED COMMUNICATIONS 3901 W SERVICE RD EVANS CO 80620 PO Number Page 9146593 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/10/2014 Buyer: DOUG CLAPP Note: 2012 SS Line Description Quantity UOM Unit Price Extended Ordered Price Police Equipment Package 1 LOT LS 7,570.30 ref. quote date 10/10/14 unmarked - see email dated 10/31/14 per Jeff Gorsuch Dept: Police Contact: Greg R. or Eric ph# 970-221-6613 Please Call to coordinate delivery etc. " City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.00m $7 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. C0Nm4ERCIN.DETAILS. Tax exemptions. By some the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-0 503. Federal Excise Tax Exemption Certificate of Registry 84.6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stratus 1973, Chapter 39-26, 114 (a). Goods Rejared. GOODS REJECTED due a failure to meet specifications, either when shipped or due to defects of damage in nosh may be returned in you for credit and are not to be replaced except upon receipt of written instructions from the City of Too Collins. Inspection. GOODS art subject to the City of Ten Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response of Its mold c ..If in authorized payment on the part a of the City of For Collim. However, it is to a understand that FINAL ACCEPTANCE is dependent upon completion craft applicable required inspection procedures. Freight Terms. Shipments noun W F.O.B., City of Fact Collins, 700 Wood Sr, ran Collins, CO 80533, unless otherwise specified on this order. If permission is given to prepay freight red charge separately, the original freight bill must accomoaav involve Additional chars for packing will not be accented. Shipment Distance. Where manufacums have distributing points in carious pros of the country, shipment is expected fmm the nearest distribution Paint 0 de tiontion, aN excess freight will be deducted from Invoice when shipments art made fmm greaten distance. Permits. Seller shall p. at sellers m1e cost all necessary permies, ceaifceta and If,. required by tall applicable laws, regulations, ordmances and miss of the state, municipality, memory, or political subdivision where the work is performM, m required by any other duty continued public sulhonry having jurisdiction over the was: of vendor Seller further agrees Ira field the City of Fan Collins harmleu fmm and against all liability and loss incurred by them by resod of an comrred or established violation of any such fact, regulations, oNirmned, roles and saquiremeas. Autlmriration. All parties to this contract agree that the represen if ives am, in fact, boo Ease and possess full and complete auguofiry of bind said panic. LIMITATION OF TERMS. This Putchase Order expressly limits acceptarce to the terms read conditions stated herein tat fond and my supplmmentary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmpased by seller ate objected to and hereby rejected. 1. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery data a noted. Time is of the essence. Delivery and performance muss be effected within the time stated on the purchase order and $e documents studied berms No acs of $e Franchisers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhem and holding the Seller liable far damages. However, the Seller shall at be liable for damages as is rail, of &days due to causes Out reamrubly foreseeable which art bpnnd its reasonable central and without its fault of negligence, such aces ofGod, acts ofeivil or military authorities, Vvemmenul priontics, fires, stokes, flood, epidemic, wars or nos provided Out notice of the conditions ausing such delay is given to the Purchaser within fen (5) days of the time when due Seller first received knowledge thereof. In the event of any such delay, the dam of delivery shall be extended for me period equal a the time modify ton by reason of the delay. 3. WARRANTY. The Sella warrants Nat all goads, articles, materials and work covered by this order will conform with applicable drawings, amcificutioe, samples be fi endear other descriptions given, will t for the purposes intended, and permamed with the highest degree of rare and competence in acvalsom with accepted standard for work of a similar nacre. The Seller agrees m hold the purchar laminas from any loss, damage or expense which the Purchaser may sufTn or incur on account office Sellers breach of wmramy. The Seiler shall replace, repair or make good, without cost to the pmchaseq my defects or fouls alising within one (1) year for within such longer period of time as may be prescribed by law for by the temp of any applicable warmly provided by the Seller after the dam of acceptance of the goods furnished hereunder (acceptance not be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not dominate a waiver of my claim under this warranty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profts or loss of use. NO IMPLIED WARRANTY OR MERCHANTADILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal team by written change order 5. CHANGES IN COMMERCIAL TERMS. The Puahwer may make any changes to the terms, other than legal mme. including additions m or deletions Tom the quantities originally ordered in the specifications or drtwings, by verbal or written change order. If any such change affects the amount due or the time ofpetformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this egreemrm as to any or tall Prnior of the Pounds then not shipped, subject to any equitable ndjusiment between the panic as to nny work or materials then in pmgras provided that the Forehand shall not be liable for any claims for anticipated profits on the uncompleted Portion of the good and/or work, for incidental or consequential dmngq and that no such adjustment be made in favor ofNe Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army oftheir obligations a to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim far Njustment must be waned within thirty (30) days from the dam the change or term tan ion is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants tlut all goods sold hereunder shall have been produced, sold, delivered road famished in accord .,[a rare wit all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such dom mane, as may be requiad a effect or evidence compliance. All laws and mgulatiom required to be vcowcated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchased homeless fmm all cars road damages suReted by the Purchaser as a result of den Sellers failure an comply with such law. 9. ASSIGNMENT. Neither pony shall assign, number, or convey this order, or any mania due for is become due, hereunder without the prior wriaea consent of the other pray. 10. TITLE. The Sella worrans fall, clan arm considered fide u the Purchaser for all equipment, materials, and items furnished in performance of this agreement, lice and clear of any and all liens, rauictiam, reservations, amufity interest adumbrmces food claims ofothers. 11. NONWAIVER. Failure of the Pardoned to insist upon found performance of the terns and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure in promptly madly the Seller in the event ofa breach, the acceptance ofor payment for goads hereunder or approval arm, design, shall mat release the Seller of any of the warranties or obligations of this purchase order and shall not be domed a waiver of any fight of die Purchaser to insist upon strict performance hereof or any of its rights or remedies as ro my such goods, regardless of when shippeak received or accepted, in to any prior or subsequent default hercmder, nor shall any purported and modification or rescission of Nis purchase order by the Purchaser operate as a waiver of my of the cams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recopire Nat in actual ecwomic practice, overcharges resulting from amino violations are in fact home by the Purchaser. Themofore, for good cause and as consideration for executing this purchsse order, the Sella, hereby assigns m the Purchaser any and all claims it may row have or Tertafet acquired under (Neal or ante oboe laws for such overcharges relating to the particular good or ardor, purchased or acquired by do, Purchaer pursuant in this purchase omen. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dvecu the Seller to correct nonconforming or defective good by a date to be agreed upon by the Portland and the Seller, and the Seller thereafter indicates is inability or msaillingness to comply, the Purchaser may cause the work an be performed by the man expeditions mesas available to it, fond the Seller shall pay all room aaaaeiated with such work. The Seller shall release the pardoner and its contractors of any tier f all liability evd claims of my nature .[,a fi the pert and, ofmch work. This release shall apply ever in the evens of fault of negligence of the parry released and ,ball extend m the directors, afar and employe of such parry. The Sellers contractual obligatiom, including wararty, shall mot be doemN in be reduced, in any way, because such work is performed or caused b be performed by the Pfoebeed. 14. PATENTS. Whenever the Seller is acquired to use any design, device, material or process covered by letter, pazmt, dademah or copyright, the Seller shall indemnify and save harmlw the Purchaser from any and all claims for infirm event by reason of the use of such patented design, device, material or process in correction with the conduct, and shall indemnify fire Purchaser for any coot, expense or damage which it may be obliged to pay by reawn of such infringement many time during the prosecution or after the completion of the worif To one said equipment, or my pan drmf or the intended use of the goods, is in such suit held to commute infringement and the use of said equipment war pan is enjoined, the Seller shall, at is own expew and at ids opting eithd.procure fen the Purchaser the fight to continue using said equipment or pods, replace the some with substantially aml but noninGnging equipment, or modify it an it becama noninfringing 15. INSOLVENCY. If the Seller shall become insolvent car bankrupt make an assignment for the benefit of creditors, appoint a added in gramme for my of the Sellers propmy or business, this other may fmWwida be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions aFri. used or the incrimination ofthe agodown, and the rights of all parries hrmder shall be co perm d under and gwemad by Ne laws of the Save of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform drok hereunder, including the services of Sellers Repard nutivda, an the premises ofothers. H. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed aN accepted, and shall, in a of any accident, destruction or injury to the work milker mmmaB befom Sellers final completion and acceptance, dimple, the work at Selleh own expense and to the satisfaction of the Purchaser. When materials and equipment arc frmishN by others for ventilation in erection by $e Seller, the Sella shall receive, unload, stare and handle same at Ore site and became responsible therefor a though such materials andtor equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expere, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependws in accordance with the laws of the state in which the work is to be does. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public IiabiI iry insurance with bad ily injury and death limits of at least 530 i t00 for my one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his amrnctots, if my, to provide for such compensation and insurance. Before any of the Sellers or his contradors employe shall do any work upon the premises of others, the Seller shall famish the Purchase with a certificate that such compensation and insurance have been provided. Such catiforms shall specify the dam when such compensation and insumnce have been provided. Such certificates shall specify the dam when such compensation and insurance expires. The Seller agrees that such compensation and hxsarance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby a a the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or Property caused by or resulting from the execution argue work provided for in this purchase order or in connection herewith. The Seller wilt indemnify and hold harmless the Portland mid my or all of the Purchasers office, agents and employees from food against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether of puree or popetry to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pm of the Sella, my of his onmcums, or any of fhc Sellers or contractors offer, agens or employce, he came any suit or other proceedings shall be brought against the purchases, or its afficr, agents or employees at my time on accow, m by reason of my act, action, neglect, omission for debmR of the Seller of any of his contractors or my of in or their i ffcers, agens or employees ns ufoodaid, the Sella hereby agrees of acme the defense thereof and e defend the same at the Sellers own expense, to pay my and all acts, charges, ammeys fees and other expcas, any and all judgment that may be imtmed by or obuivN against the Purchaser or my of is or their officers, agents in empinyres in such suits or other pa adfire s, and in case judgment or other lien be placed upon or obtained against the property ofNe Purchaser, or said Persian th or a a resdlt ofsuch suits in other proceedings, the Seller will at once mum the same to be dissolrN food discharged by giving bond or otherwise. The Seller and his contractors shall cake all safety pro autions, furnish arm install all guards necessary far the prevention of accidents, comply with If laws and regulations with mppad of safely including, bur without limitazim, the Occrpationed Safety and Hnal r Ad of 1970and all notes and regulations issued puruumt made. Revised 07n014